0120110623
11-09-2011
Jef Langdon, Complainant, v. Patrick R. Donahoe, Postmaster General, United States Postal Service (Southwest Area), Agency.
Jef Langdon,
Complainant,
v.
Patrick R. Donahoe,
Postmaster General,
United States Postal Service
(Southwest Area),
Agency.
Appeal No. 0120110623
Agency No. 1G761013510
DECISION
Complainant filed a timely appeal with this Commission from the
Agency’s decision dated September 23, 2010, dismissing his complaint
of unlawful employment discrimination in violation of Title VII of the
Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. § 2000e
et seq. and the Age Discrimination in Employment Act of 1967 (ADEA),
as amended, 29 U.S.C. § 621 et seq. Upon review, the Commission finds
that Complainant’s complaint was properly dismissed pursuant to 29
C.F.R. § 1614.107(a)(1) for failure to state a claim.
BACKGROUND
At the time of events giving rise to this complaint, Complainant worked as
an Expediter at the Agency’s Processing and Distribution Center in Fort
Worth, Texas. On August 31, 2010, Complainant filed a formal complaint
alleging that the Agency subjected him to discrimination on the bases
of his race (Caucasian), color (white), age (56 at the relevant time),
and in reprisal for prior protected EEO activity when: (1) on June 21,
2010, management harassed him about his assignment of drop shipments;
and (2) on July 13, 2010, management harassed him about an incomplete
trailer inventory.
ANALYSIS AND FINDINGS
The regulation set forth at 29 C.F.R. § 1614.107 (a) (1) provides in
relevant part, that an agency shall dismiss a complaint that fails to
state a claim or states the same claim that is pending before or has been
decided by the agency or Commission. An agency shall accept a complaint
from any aggrieved employee or applicant for employment who believes that
he or she has been discriminated against by the agency because of race,
color, religion, sex, national origin, age or disabling condition. 29
C.F.R. §§ 1614.103, 106 (a). The Commission’s federal sector case
precedent has long defined an “aggrieved employee” as one who suffers
a present harm or loss with respect to a term, condition or privilege
of employment for which there is a remedy. See Diaz v. Dep't of the Air
Force, EEOC Request No. 05931049 (April 21, 1994).
On appeal, Complainant reiterates his contention that his supervisor
created a hostile work environment on the dates alleged, and that these
were acts of intimidation and unequal treatment. However, the Commission
nevertheless determines that the actions alleged fail to state a claim
under the EEOC regulations because Complainant failed to show that he was
aggrieved. Moreover, we find that the claim, even if proven to be true
and viewed in a light most favorable to Complainant, would not indicate
that Complainant has been subjected to harassment that was sufficiently
severe or pervasive to alter the conditions of employment. See Cobb
v. Department of the Treasury, EEOC Request No. 05970077 (March 13, 1997).
Accordingly, the Agency’s final decision dismissing Complainant's
complaint is affirmed.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0610)
The Commission may, in its discretion, reconsider the decision in this
case if the Complainant or the Agency submits a written request containing
arguments or evidence which tend to establish that:
1. The appellate decision involved a clearly erroneous interpretation
of material fact or law; or
2. The appellate decision will have a substantial impact on the
policies, practices, or operations of the Agency.
Requests to reconsider, with supporting statement or brief, must be filed
with the Office of Federal Operations (OFO) within thirty (30) calendar
days of receipt of this decision or within twenty (20) calendar days of
receipt of another party’s timely request for reconsideration. See 29
C.F.R. § 1614.405; Equal Employment Opportunity Management Directive
for 29 C.F.R. Part 1614 (EEO MD-110), at 9-18 (November 9, 1999).
All requests and arguments must be submitted to the Director, Office of
Federal Operations, Equal Employment Opportunity Commission, P.O. Box
77960, Washington, DC 20013. In the absence of a legible postmark, the
request to reconsider shall be deemed timely filed if it is received by
mail within five days of the expiration of the applicable filing period.
See 29 C.F.R. § 1614.604. The request or opposition must also include
proof of service on the other party.
Failure to file within the time period will result in dismissal of your
request for reconsideration as untimely, unless extenuating circumstances
prevented the timely filing of the request. Any supporting documentation
must be submitted with your request for reconsideration. The Commission
will consider requests for reconsideration filed after the deadline only
in very limited circumstances. See 29 C.F.R. § 1614.604(c).
COMPLAINANT’S RIGHT TO FILE A CIVIL ACTION (S0610)
You have the right to file a civil action in an appropriate United States
District Court within ninety (90) calendar days from the date that you
receive this decision. If you file a civil action, you must name as
the defendant in the complaint the person who is the official Agency
head or department head, identifying that person by his or her full
name and official title. Failure to do so may result in the dismissal
of your case in court. “Agency” or “department” means the
national organization, and not the local office, facility or department
in which you work. If you file a request to reconsider and also file a
civil action, filing a civil action will terminate the administrative
processing of your complaint.
RIGHT TO REQUEST COUNSEL (Z0610)
If you decide to file a civil action, and if you do not have or cannot
afford the services of an attorney, you may request from the Court that
the Court appoint an attorney to represent you and that the Court also
permit you to file the action without payment of fees, costs, or other
security. See Title VII of the Civil Rights Act of 1964, as amended,
42 U.S.C. § 2000e et seq.; the Rehabilitation Act of 1973, as amended,
29 U.S.C. §§ 791, 794(c). The grant or denial of the request is within
the sole discretion of the Court. Filing a request for an attorney with
the Court does not extend your time in which to file a civil action.
Both the request and the civil action must be filed within the time limits
as stated in the paragraph above (“Right to File a Civil Action”).
FOR THE COMMISSION:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
November 9, 2011
__________________
Date
2
0120110623
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0120110623